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Utah and Idaho: The Two States That Catch Every Private Lender Off Guard

A Practical Compliance Guide for Business Purpose Lenders Entering the Mountain West A private lender we recently advised had been making business purpose bridge loans on single family investment properties in both Utah and Idaho for the better part of two years without a license in either state. The client...

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Geraci LLP legal services for private lenders

For private lenders, obtaining the proper licensing is a crucial step toward legally operating and building a trustworthy lending business. Navigating the complex and varied ...

Moody dusk photograph of the Maryland State House dome rising above bare oak trees

Maryland significantly modernized its mortgage lending regulatory framework in 2024-2025, creating substantial changes for lenders operating in the state. These revisions affect licensing requirements, exemptions, ...

Geraci LLP legal services for private lenders

Fund Formation & Capital Raising Mortgage/Real Estate Fund Structuring Private Placement Memorandum (PPM) Drafting Operating Agreements / LP Agreements Regulation D (506(b) and 506(c)) Compliance ...

An assignment of rents instrument beside a rent roll the enforcement clause circled

For private lenders securing loans against income-producing real property, protecting access to rental cash flow is one of the most important tools in a well-structured ...

Business Purpose Residential Lending State Licensing Requirements Guide For 2025 - Geraci LLP

Published: March 2024 | Updated: January 2025 By Geraci LLP Corporate & Securities Team Executive Summary Private lenders financing real estate investors through business-purpose loans ...

Usury Law Compliance A Strategic Guide For Private Lenders In - Geraci LLP

Published: May 2024 | Updated: January 2025 By Geraci LLP Banking & Finance Team Understanding Usury: Balancing Fair Returns with Borrower Protection Usury laws establish ...

Fund formation key legal considerations for private lenders - Geraci LLP

Private lending has become an increasingly attractive alternative to traditional financing, offering lenders the ability to invest directly in real estate, small businesses, and other ...

California Service Of Process A Comprehensive Legal Guide For Creditors And Lenders In 2025 - Geraci LLP

Published: February 2024 | Updated: January 2025 By Geraci LLP Litigation Team Executive Summary Proper service of process stands as the jurisdictional foundation for every ...

Fund formation across U.S. states for private lenders - Geraci LLP

Private lending funds have become a popular vehicle for investors seeking higher returns and direct control over their investments. But forming a private lending fund ...

FAQs about AML laws in the United States - Geraci LLP

What is Anti-Money Laundering (AML)? AML refers to a set of laws, regulations, and procedures designed to prevent criminals from disguising illegally obtained funds as ...

A late charge calculation worksheet beside a promissory note the grace period circled

Understanding Late Charge Requirements for California Lenders Few provisions in a promissory note generate as much confusion as the late charge. Private lenders frequently request ...

Essential legal insights for private lenders - Geraci LLP

At Geraci LLP, we understand the unique challenges private lenders face in today’s dynamic lending environment. Two critical legal areas that every private lender should ...